The LuLac Edition #810, May 8th, 2009

PHOTO INDEX: OUR 1964 LOGO, JUDGE JOSEPH MUSTO, AND THE JUDICIAL PRIMARY CLASS OF '09 AT KING'S COLLEGE FORUM. FROM LEFT TO RIGHT, ATTORNEYS EUGENE SPERAZZA, ANTHONY LUMBIS, STEPHEN MENN, TINA POLACHEK GARTLEY, RICHARD HUGHES, MOLLY HANLON MIRABITO, MICHAEL PENDOLPHI, AND JUDGE JOSEPH MUSTO. SECOND ROW, ATTORNEY THOMAS O'CONNOR, JOSEPH TERRANA, MICHAEL BLAZICK, JOSEPH SKLAROSKY JUNIOR, JENNIFER ROGERS AND C.J. BUFALINO. DISTRICT JUDGE WILLIAM AMESBURY WAS NOT IN THE PICTURE BECAUSE HE HAD TO HOLD A MAGISTERIAL HEARING BUT LATER RETURNED TO THE EVENT. DANIEL ZOLA DID NOT ATTEND. (RIGHT CLICK PHOTO TO ENLARGE).

JUDICIAL FORUM #2

The Luzerne County Chapter of the League of Women Voters had an innovative forum Thursday night at King’s College in Wilkes Barre. Before a group of more than 100 interested citizens, 16 of the 17 candidates for election to the Luzerne County Court of Common Pleas made brief presentations on their aspirations and beliefs. They then answered select questions from the League. Finally, in an innovative twist (which I wish I thought of!) the candidates set up shop at designated tables (trade show style) and met the people for individual one on ones. Judging from the visits the candidates got, the League did a great job with this format. Here’s a brief rundown of the candidates opening statements which appear in order of appearance:
JOSEPH SKLAROSKY, JR.: Said he dedicated his professional life to public service and protecting the rule of law and the fairness of the Judicial system. He said he knew the awesome responsibilities of being a Judger and said with his 15 years of experience he could hit the ground running to be an effective jurist.
WILLIAM AMESBURY: Brought up his life experience as an educator and coach. Touted his credentials as a sitting Magistrate in South Wilkes Barre. He pointed out that while others said they would fight crime, be fair and bring integrity to the system, he told the group that he has already done that in his role as District Justice.
ANTHONY LUMBIS: Said that he was speaking on behalf of the children who have been abused as well as the taxpayers who have been abused. Said that he had the 26 years experience in family court to become an Orphan’s Court Judge. Basically said that’s what he’s running for. Lumbis said he had an eye popping 21,000 appearances in child welfare appearances which he ventured to say were more than the other candidates running combined.
RICHARD HUGHES: Told the group about working with his father when he first got out of law school. Said that enabled him to get a true grasp of the work involved. Said he had broad general knowledge of the law which provides him with knowing the rules of evidence and how to conduct a trial.
EUGENE SPERAZZA: In what was one of the most poignant statements of the night, Attorney Sperazza talked about his humble upbringing and how he set out at the age of 45 to establish a law practice. He said he would bring integrity to the bench and he would urge people who appeared before him to believe in themselves. “If you have disbelief in yourself, suspend it” he told the crowd. Sperazza also talked about his 25 years experience in law and background as a social workers which gives him an insight into working with the young, elderly and mentally ill.
THOMAS MARSILIO: As the Mountaintop resident and graduate of Hazleton High showcased his experience as a prosecuting attorney. Said he tried and convicted 7 murders and had 5 life sentences meted out. Added he was a graduate of the Jerry Spence School of Trial lawyers (he was the guy in the cowhide jacket who appeared on Larry King’s show during the O.J. trial) and said his 28 years experience gives him the ability to start on day 1 if elected.
C.J. BUFALINO: Spoke of his family of lawyers and his background in family law. Said he represented families in all types of cases and had experience as a master in deciding case outcomes. Bufalino said that the election was more than judicial experience but about restoring integrity and trust to the bench. He told the group he could not sit on the sidelines without trying to affect change.
TINA POLACHEK GARTLEY: In a stirring speech, Gartley said hers was the voice the court needed. She talked about her working class family with world class values. She says she litigated hundreds of jury trials for victims of sexual assault, custody, protection from abuse hearings and violations and other cases for the disenfranchised. Citing the fact that she wants to restore integrity back to the bench, Gartley said she would be the voice for individuals in the community who had no voice in a court proceeding.
THOMAS O’CONNOR: Once more O’Connor reminded the voters that his name as well as the others were on both the Democratic and Republican ballot. Told the group about his background and growing up in a family steeped in public service. Said his late mother Helen O’Connor never had a side job when she was Register of Wills and told the group she instilled that work ethic in him. Told the crowd he represented Vietnam veterans and that his diverse experience in the law would serve him well if elected.
MOLLY HANLON MIRABITO: Told the group that she was a 1984 graduate of King’s and that the proudest day of her life was when she was admitted to the bar. Told the group that as an officer of the court, she was distressed by the things that happened on the bench recently, saying the courts took a real hit and that she would use her experience to restore integrity and honesty to the court. Cited her volunteer work as well as her credentials as a member of the DA’s office.
STEPHEN MENN: Told of is background in growing up in the Pittston area. Said his family instilled honesty and values in him. Said he had vast experience in the law serving as a master in divorce cases. Also had cases involving insurance, labor and civil matters. In addition, he has been solicitor for boards, commissions and municipalities.
MICHAEL PENDOLPHI: Talked about his three part plan to restore integrity to the bench. 1. Experience. 2. Accountability to taxpayers. 3. Change to put people’s interests above the public officials. Said he will bring a blue color work ethic to the court, changing the way cases are scheduled in court to limit time and stress on the citizens.

JOSEPH MUSTO: Said as a current sitting judge, he is working to clean up the mess left by the Judicial scandal. Told the group he has helped with the restoration efforts by full transparency, assigning cases at random, reforming the Prison Board and establishing a professional practice in hiring within the court system. Said he brings to the table experience as a Judge, prosecutor, courtroom lawyer and a mediator in over 800 cases.
JENNIFER ROGERS: Cited her experience as an attorney for 13 years. Said through her work as solicitor for Children and Youth, she worked directly in protecting the rights of children and families. Told the group that the watchword would be “protect us”, that she believed is what voters want from the next judge. Spoke about her understanding of various cultures and told the group she was fluent in Spanish which would help in the representation of that growing population in LuLac land.
MICHAEL BLAZICK: The young attorney said he is running because he was embarrassed by the behavior exhibited recently on the county bench. Said that his goal was to end the image of corruption on the bench and that he would be impartial by not taking any money from attorneys. Te best line of this campaign is Blazick’s who repeats often, “The most important person in the courtroom is the person who is going to lose”. He said if that person feels they received an impartial hearing, then justice would be served.
JOSEPH TERRANA: Said he was running to restore integrity on the bench. Told the group that the people in the County are tired of scandal and want a Judiciary as good and as hard working as they (the citizens) are. Cited his courtroom experience, his job as a counselor to Congressman Kanjorski as well as his advocacy of homeowners who were victimized by predatory lenders as reasons why he should be elected. Reiterated that integrity and honor needed to be restored.

QUESTIONS

The League offered 5 questions which each candidate chose to answer. Here is the question and the response of the candidates who selected that question.
UNDER WHAT CIRMCUMSTANCES SHOULD A JUDGE RECUSE HIMSELF/HERSELF?
PENDOLPHI: Said the bar needs to be raised. There shouldn’t even be a hint of a conflict. If there is even a hesitation, there should be a recusal request.
BUFALINO: Said it speaks to the main issue in the race, integrity and honesty. He said he would want to err on the side of caution to avoid any and all perceived bias or conflict of interest.
WHAT CRITERIA WOULD YOU SUGGEST TO SEPARATE VIOLENT AND NON VIOLENT OFFENDERS IN SENTENCING, ESPECIALLY IF THEY ARE FIRST TIME OFFENDERS?
SKLAROSKY: Said he would follow the guidelines set forth in legal canons and invited the group to come to his booth for a tutorial on the subject. Judging by the activity at his booth, they took him up on it.
WITH ALL OF THE ISSUES THAT WERE GOING ON IN THE CORTHOUSE, NONE OF THE LAWYERS WHO SPEND MUCH OF THEIR TIME THERE SEEMED TO KNOW NOTHING. AS JUDGE, HOW WOULD YOU PREVENT THAT FROM HAPPENING IN THE FUTURE.
No candidate chose to respond to that inquiry.
DURING THE PAST FIVE YEARS, HOW OFTEN HAVE YOU APPEARED IN COURT? WHAT PORTION OF YOUR EXPERIENCE WAS CIVIL, CRIMINAL? HOW MANY JURY TRIALS? HAVE YOU APPEARED IN BOTH FEDERAL COURT AND STATE COURT? APPEALS COURT? WHAT ELSE DEMONSTRATES YOUR COURTROOM EXPERIENCE?
MUSTO: Sitting Judge the last 7 months. Was a prosecutor and attorney in all aspects of the law appearing before all levels of courts.
LUMBIS: Children’s advocate, 31 years experience, appeared in more than 21,000 cases dealing with children’s issues in 26 years of his 31 year resume as an attorney.
BLAZICK: Each side has to know they will get an impartial hearing. Said that his experience gives him an overall background as a criminal, and civil attorney.
HUGHES: 30 years experience in jury trials. Prosecuted numerous misdemeanor and felony cases.
MIRABITO: Says she in court every day representing clients. Cited her 22 years experience as private practice attorney as well as a member of the DA’s office.
MARSILIO: Appeared before various courts in the state, prosecuted murder trials, civil actions, had a ruling overturned by a higher court.
MANY PEOPLE WHO APPEAR BEFORE YOU WILL HAVE VASTLY DIFFERENT SOCIO ECONOMIC BACKGROUNDS THAN YOU. WHAT IN YOUR LIFE EXPE4RIENCE PREPARES YOU TO DEAL FAIRLY AND EFFECTIVELY WITH PEOPLE WHOSE EXPERIENCES ARE SO DIFFERENT FROM YOUR OWN?
TERRANA: Said the equality issue was the crux of the problem in the county. All have to be equal under the law. Said he worked his way through Scranton Prep, college and law school. Knows how hard life and achieving success can be.
MENN: Grew up in his father’s business. Said he would take people for what they were, and would make an effort to treat them equally and with compassion.
O’CONNOR: In his career met people in all walks of life. Important for all to be treated equally. Said his work with Vietnam vets is evidence of how he’d work with everyone coming into his courtroom.
GARTLEY: Life experience is important. Instilling working class values she grew up with. Said she can relate to all social classes because of her volunteer work. Told the group that she made a choice in her career when she decided she did not want to make a small fortune but a big difference.
ROGERS: Said that as a child, you learn there is equal justice for all. Told the group that even though she grew up in West Pittston and now resides at Harvey’s Lake, her family moved to Baltimore where she had an inner city experience. Said that she had international forays into Jamaica where she worked in an orphanage and that her understanding of the Spanish culture could only help her to relate to all who come before her.
SPERAZZA: Told the group that he was born to immigrants and slept in a bed with his two brothers when he got out of his crib. Told how he worked his way through school with the help of his foreign born wife who faced discrimination and a huge language barrier. Told of their collective success and how he cannot, won’t forget where he came from and the struggle that got him before a group of citizens asking for their support for the office of Judge.
Candidate William Amesbury did not answer a question because he had to leave for a Magisterial arraignment. He later returned in the evening to answer voters questions one on one.
Candidate Daniel Zola did not answer any questions or make a presentation because he failed to show up for the second consecutive Judicial forum in 2 weeks.

THIS AND THAT

WBRE TV and WNEP turned out to cover the event as well as the local newspapers…..Former State Representative Kevin Blaum was there to take in the candidates forum. Blaum to this day is still being greeted as “the savior of the Arena”, many well wishers called him that…..The League of Women Voters picked a great location on the campus of King’s College in the Sheehy Farmer Student Center…..More than 100 people turned out for the event….long time Public Relations person and volunteer Beverly Johnston was in attendance…former Wilkes Barre City Council candidate Peter Gagliardi was at the forum along with our good friend “Duke from Dallas”, frequent caller to WILK Radio and even a one time morning co host……and the idea of having separate booth/tables was very well received.

FASHION REPORT

All of the men wore dark suits save for Attorney Terrana who chose a tan wool blend that screamed summer…Attorney Stephen Menn chose a lighter green while Magistrate Bill Amesbury wore a subdued blue gray combination…..Attorneys Lumbis and O’Connor sported red ties while Menn chose a yellow and Sperazza a blue striped number, Pendolphi’s was similar except in red stripe…….Rogers wore a black suit, Hanlon Morabito a gray button down suit with French cuffs while Gartley looked smart in a two piece pinstripe suit with skirt….and Blazick broke the white shirt tradition instead appearing with a french blue garment.

MORE ON THE FORUM IN FUTURE EDITIONS.

MEAN GIRLS

Wednesday night’s Scranton City council debate had a few no shows. They were Council people Sherry Nealon Fanucci and Judy Gatelli. The duo boycotted the soiree because they felt “uncomfortable”. The reason? The duo cited the debate was not fair after an organizer was linked to their foes and the campaign of Gary DiBileo.Patricia Fowler, a League of Women Voters board member joined the FACEBOOK page of Mr. DiBileo, Frank Joyce and Doug Miller. DiBileo is running for Mayor, Joyce and Miller for Scranton City Council. When this complaint was brought to the attention of the head of the Lackawanna County League of Women Voters, Ms. Flowers was consulted. Rather than taint the board, she resigned her volunteer position. There was no wrongdoing whatsoever just a matter of perception. On The Sue Henry Show Thursday, Fowler said that this in no way weighted the debate Wednesday night because she wasn’t even involved anymore. A few thoughts:
1. Again, this is the craziness that is Scranton City Council. To me this was an excuse not to face the voters in a public forum where the two would have to answer questions. Watching them on City Council, you know that is a challenge to both Fanucci and Gatelli. 2. They used a good organization and a non paid, dedicated volunteer as a scapegoat. That is just plain petty, not leadership.
3. Both incumbents faced worse confrontations with citizens at Council meetings. To say they would be uncomfortable is just nonsense. Scranton voters should send these two off council and back to high school because that’s what they behavior reminds me of, mean girls in high school. The grown ups who did show up, Frank Joyce, Doug Miller, Lee Morgan, Janet Evans, and Pat Rogan discussed the issues facing the city. The five agreed on the tried and true campaign declarations of lower taxes, more investment in the neighborhoods, and a fiscal policy that cuts spending and reduces the city’s debt.

HEADLINES

Paul Harvey used to do comments on the news and while I am not putting myself anywhere in his league, there are a few short stories, non political I have to comment on.
The story: Groom gets arrested on wedding night in front of Hardware Bar for fighting.
The comment: Like, wasn’t he looking forward to his wedding night? I mean didn’t he have better things to do than go out with his boys and tear down the town?
The story: 80 year old New York state man gets arrested for solicitation in downtown Wilkes Barre.
The comment: If he has the interest and stamina at that age, maybe he should get an award.
The story: Law and Order and other shows mirror Luzerne County Judicial scandal. The comment: Why not? It’s easy pickings and a writer could bang out a script with all the material we provide and get to the Carnegie Deli for lunch by 11AM if they typed fast.
The story: Woman throws boyfriend down a flight of stairs.
The comment: Was she watching “Bobby Flay’s Throwdown” on the Food Network?

BRULO’S PENSION

Luzerne County denied Sandra Brulo’s pension request the other day. Brulo was the county’s probation forensic program deputy director, has agreed to plead guilty to a felony obstruction of justice charge and to cooperate with federal authorities in the ongoing public corruption probe. I always thought county employees paid a portion of their salary into their pensions. Would it be fair to give that contribution back? Just wondering.

AMESBURY CALLING

Judicial candidate Bill Amesbury is reaching out and touching. This time by phone. An automated message from the candidate is asking for your vote. The message is concise and is a recap of his radio commercial.

JUDICIAL CANDIDATE BIO

As part of our on going series in covering the Luzerne and Lackawanna County Judicial races, we are going to do brief profiles on those candidates running. In today’s edition, we continue with Judge Joseph Musto. The order was determined by our lottery at the LuLac Forum last week.

JOSEPH MUSTO

From the candidate's website: "Because of the indefensible actions of some rogue judges, trust in our court system in Luzerne County has been undermined.
I want you to know that despite being on the bench for only a handful of months, I am working to clean up the mess.
I can’t account for what went on for years before I was sworn in as a judge last Fall, but I can tell you that I’m working closely now with my colleagues on the court to try to restore confidence and faith on our county judiciary. I joined with the majority to elect a new president judge, Chester Muroski. Under his leadership, we have been meeting non-stop to reform the abuses and practices of the past. We’re committed to full transparency in our decisions, full disclosure, accountability and responsiveness. We’re doing our part as members of the county government system to aid the commissioners in dealing with the fiscal crisis afflicting the county and correct it, and we’re reviewing the actions of those who have abused the public trust to see if we have to provide relief to the victims of their irresponsible acts. I intend to bring my wise experience as a courtroom trial attorney and a mediator and arbitrator to correct these problems. This website will detail what we are doing and try to be interactive with you seeking suggestions on how we can do better. It will attempt to show you how I can best serve you in an elected term on the bench. Please check back frequently and let me know how you feel. If you like what you read and see, perhaps you will support my candidacy for judge. I hope so. I’d like you to vote for me."
Joe Musto
Judge Musto Biography
EDUCATION
Pittston Township High School graduate, 1961.
King’s College, Wilkes-Barre, PA, 1965, BA degree, cum laude
Dickinson School of Law, JD 1968 ,first in senior class.
CAREER
Law clerk to Judge Lee Swope, Dauphin County Court while in law school.
Law clerk to Justice Benjamin Jones, Pennsylvania Supreme Court after graduation from law school.
Assistant District Attorney, Philadelphia County 1968-1969.
Associate and partner Bedford, Waller, Griffith, Darling and Mitchell 1969-1975.
Partner Griffith, Aponick and Musto, 1975-1989, and merger with Rosenn, Jenkins & Greenwald where he became a partner.
Nominated to serve on the bench of Luzerne County by Governor Robert Casey where he served until 1994.
Partner in Hourigan, Kluger, & Quinn, 1994-1997.
Partner in Musto & Saunders from 1997-2007.
Principal in the law offices of Joseph J. Musto 2007-2008.
Nominated to serve on the bench of Luzerne County by Governor Edward Rendell on June 29, 2008 and confirmed unanimously by the Pennsylvania Senate on October 7, 2008.
Judge Musto presently serves in the Family, Orphans and Civil Divisions of the Court of Common Pleas of Luzerne County.
EXPERIENCE
As a member of the Philadelphia District Attorneys office, was in charge of the Federal Court Division which was concerned primarily with keeping in prison those criminals convicted of serious crimes. One notable case was a criminal who was convicted of multiple rapes of elderly women but who was released by a Federal District Judge in a habeas corpus action. Judge Musto was successful in having that decision overturned by the Third Circuit Court of Appeals and the offender was kept behind bars. That case is United States ex rel Heyward Speaks vs. Brierly, 417 F. 2d 597 (3d Cir. 1969).
Tried cases, both civil and criminal in the courts of Lackawanna, Lehigh, Luzerne, Monroe, Schuylkill, and Wyoming Counties and the Federal District Court for the Middle District of Pennsylvania
Argued cases in the Pennsylvania Supreme, Superior, and Commonwealth Courts and the Court of Appeals for the Third Circuit.
Has been selected as a mediator and neutral arbitrator in approximately 1,000 cases. These cases involve selections of Judge Musto by the parties and their lawyers under no compulsion by law or court order, which attests to the high regard in which he is held by the legal community for his integrity and fairness. Served as solicitor to Pittston Area School District, Duryea and Yatesville Boroughs and Assistant Solicitor to Luzerne County Appointed as a member of the Civil Justice Reform Act Advisory Committee to study and make recommendations for the expeditious handling of civil cases in the Federal District Court for the Middle District of Pennsylvania
Appointed by the President of the Pennsylvania Bar Association to Co-chair a committee studying the recently adopted Evidence Code.
COMMUNITY ACTIVITIES
Elected as a member of the Government Study Commission for Luzerne County in 1970’s which recommended a proposed charter to change the structure of Luzerne County to make it more efficient and responsive to the people.
Served as President of the 58 member board of the Health Systems Agency of Northeast Pennsylvania. That Agency was the watchdog of the community pursuant to Federal and State Legislation to oversee health care costs.
Served as a member of the Board of Directors of Clearbrook, which is a drug and alcohol treatment facility.
Lector for his parish, Our Lady of Mount Carmel in Pittston, Pennsylvania and was a CCD and RCIA teacher for the parish
Fourth Degree Knight of Columbus.
HONORS
Named as a PENNSYLVANIA SUPER LAWYER by the Philadelphia Magazine.
Received an av rating by Martindale Hubbell, which is a service that rates thousands of lawyers all over the world and is based on confidential reviews by one’s peers. An av rating is the highest rating any lawyer can receive with the “a” standing for the highest legal ability and “v” standing for the highest ethical standard.
Listed in Who’s Who in American Law.
LEGAL ORGANIZATIONS
Member of the Pennsylvania and Luzerne County Bar Associations.
Member of the Federal Bar Association, and past President of the Central Pennsylvania Chapter.
Member Advocate of the American Board of Trial Advocates, which is a national organization of attorneys who are dedicated to the preservation of the civil jury system. Membership is by application only and is open to attorneys of highest ethical and professional standing and an advocate must be an experienced trial attorney who has been lead counsel in a minimum of 50 cases which proceeded to jury verdict.
FAMILY
Married to Fortunata Musto, a practicing attorney in Luzerne County.
Two children, Laura Cowher, a Certified Senior Advisor who is the community liaison for Interim Health Care and Joseph R. Musto who owns and operates a restaurant in Pittston. and two grandchildren, Olivia and Joseph R. Musto, Jr.
Judge Musto and his wife, Fortunata reside in Duryea.

1964

South Korean President Chung Hee Park reshuffles his Cabinet, after a series of student demonstrations against his efforts to restore diplomatic and trade relations with Japan….
New York Governor Nelson Rockefeller and Arizona Senator Barry Goldwater appear headed for a collision course in the 1964 GOP Presidential nominating sweepstakes in the upcoming Oregon primary. Rockefeller’s divorce and re-marriage and Goldwater’s strong conservative stances on social issues are the hot buttons being pushed in the great norhwest……..Statewide, Judiciary reform is a hot topic in the Pa. State Legislature. The plan would eliminate Justices of the Peace and have their duties be taken over by a central court. Two plans for electing Judges were also on the table, the first would be to have a Judge appointed by a multi person panel consisting of a judge, three attorney and three laymen. The approved candidate would serve two years and them run on his or her own with a retention vote, the second proposal called for the election of Judges to a ten year term through the party process, then have them run on a retention basis after the ten year term is up…..In an 18 hit game, the Phillies defeat the Reds 11-3 with lefty Dennis Bennet picking up the win....Locally, fallout from the spring primary race continues with the Democratic slate of Mayor Frank Slattery of Wilkes Barre and the county slate of Dr. John Dorris trying to come to an agreement on arrangements to attend the 1964 Democratic convention in Atlantic City………and 45 years ago this week, the number 1 song in LuLac land and America was a catchy tune by a girl group, the Dixie Cups bringing in the season of spring with “Chapel Of Love”.